Banothu Prakash v. The State Of Telangana
\ HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY ,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY CRIMINAL PETITION NO: 8295 OF 2023 Between:
'1. Banothu Prakash, S/o Kishan Naik, Aged about 44 Years, Occ. Business, Rl/o Redlaguda Village, Jannaram Mandal, Mancherial District.
2. Sambari Favam Kumar, S/o Shankarah, Aged about 33 Years, Occ. Agriculture, Rl/o Kistapur Village, Jannaram Mandal, Mtncherial District.
3. Yerra Naresh, S/o Prabhakar, Aged about 38 Years, Occ. Business, R/o Vinayaknagar, Jannaram Mandal, Mancherial District.
4. Peddi Srikanth, S/o Bhumaiah, Aged about 33 Year, Occ. Business, R/o Yellapur Village, Pegadapalli Mandal, Jagtial District. ,..PETITIONERS/ACCUSED NOS.l TO 4 AND The State of Telangana, through S.H.O. Beerpur Police Station, Jagtial District, rep. by Public Prosecutor, High Court, Hyderabad. RESPONDENTS/COMPLAINANTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to case in C.C.No. 103 of 2020 On the file of Court of Principal Junior Civil Judge Cum Judicial First-Class Magistrate, at Jagtial and quash the proceedings in the above C.C.No. 103 ot 2020. l.A. NO: 2OF 2023 Petition under Section 482 of Cr.P.
C praying that in the circumstances stated in the lVemorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the court below to return the seized material in C.C.No. 103 of 2O2O On the file of Court of Principal Junior Civil Judge Cum Judicial FirstClass Magistrate, at Jagtial, pending disposal of the above Criminal Petition. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri- GAJANAND CHAKRAVARTHI, Advocate for the Petitioner and of Assistant the Public Prosecutor on behalf of the Sole Respondent.
The Court made the following: ORDER
THE HONOURABLE SMT JUSTTCE G.ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8295 oF 2023 o RDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 7973 (for short'Cr.p.C.,), is filed by the petitioners_ accused Nos.1 to 4 to quash the proceedings against them in C.C.No.103 of 2020, pending on the file of the principal Junior Civil Judge-cum-Judicial First Class Magistrate, Jagtial. 2.
Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public prosecutor for the respondent-state. perused the record.
3.
The petitioners herein are the accused Nos.1 to 4 in the said C.C. The offences alleged against them are punishable under Sections 1Bg, 270 and 273 of Indian Penal Code (for short,.IpC) and Section Z0(2) of the Cigarettes and other Tobacco products (prohibition of Advertisement and Regulation of Trade and Commerce, production, Supply and Distribution) Act, 2003 (for short,COTP Act). 4.
Perusal of the record would reveal that the /s involved in this case had already been dealt with by this Court extensively rriy'e \qommon order dated OS.O7.2O2t in Crl.p. No.152 of 2020 and batch,
!-!tttIE \ r 1{.!3${ \ ,r- ,, '1 /- Crl.Petition No.8295 of 2023 which was reported in Mohd. Jameel Ahmed v. State of Telanganal and also vide common order dated 10.06.2022 in Crl.P.No.5619 of 2020 and batch.
5.
Therefore, this Criminal Petition is allowed quashing the proceedings in C.C.No.103 of 2020, pending on the file of the Principal lunior Civil Judge-cum-Judicial First Class Magistrate, rJ3g11u1, in terms of the common order, dated 05.07.202L passed by this Court in Mohd. Jameet Ahmed (Supra) and also common order dated 10.06.2022 in Crl.P.No.5619 of 2020 and batch.
6.
Since charge sheet is already filed, the petitioner is at liberty to file appropriate application before the concerned Magistrate for return of the seized property/vehicle and the Magistrate shall consider the same in accordance with law. However, it is made clear that if the seized stock of tobacco products or other products are expired, the same shall be destroyed by taking permission from the concerned Magistrate.
7.
The copy of the common order dated 05.07.202L, passed by this Court in Criminal Petition No.152 of 2020 and batch and common I zoz2 criLJ 642
Crl.Petition No.8295 of 2021 order, dated 10.06.2022, passed by this Court in Criminal Petition No.5619 of 2020 and batch, shall form part of this order. As a sequel thereto, Miscellaneous petitions pending, if any shall stand closed.
SDI V. KAVITHA ASSISTANT GISTRAR //TRUE COPY// SECTION FFICER To,
1. The Principal Junior Civil Judge cum Judicial First Class Magistrate' at Jagtial'
2. The Station Uouse Otticer'-Pf Le Station Beerpur' Jagital District'
3. one cc to Sri. GAJANANij CinxnnvnRTHl' Advocate toPucl'
4. Two ccs to pUBLtc pRoiEcuioi, High court for the state of relangana at HYderabad [OUTI'
5. Two CD CoPies s
HIGH COURT DATED:30/08/2023
ORDER
CRLP.No.8295 of 2023 CRIMINAL PETITION IS ALLOWED @'rto 9q----- 'dvn-